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Tag Archives: Supreme People’s Court

One Step Forward, Two Steps Back – PRC Court refuses to enforce an ICC award on the ground of public policy

In Wicor Holding A.G. v. Taizhou Haopu Investments Limited (Civil Action (2015) Tai Zhong Shang Zhong Shen Zi No. 00004), the Taizhou Intermediate People’s Court refused to enforce an ICC award on the ground of public policy. Facts Taizhou Haopu Investment Limited (“Haopu“) entered into a joint venture agreement (“JVA“) with Wicor Holding A.G. (“Wicor“) in 1997, establishing a joint venture company (“JV“).  The parties agreed in the JVA to have their disputes arbitrated “in accordance with ICC mediation and arbitration rules“.  The JVA also provided that “if one party

Update on the “turf war” between CIETAC and its former sub-commissions

We have previously reported on the jurisdictional turf war between CIETAC and its former sub-commissions and the recent decisions of the Shanghai and Shenzhen courts confirming the legitimacy of the newly established Shanghai International Arbitration Centre (“SHIAC”) and Shenzhen Court of International Arbitration (“SCIA”) (see our previous blog post). The approach adopted in these cases was confirmed in two recent decisions by the Shenzhen court (on 21 January 2015) and the Beijing court (on 13 February 2015) (“the Recent Decisions“). In both cases, the court ruled that the SCIA (as

CIETAC, SHIAC, SCIA: who will win?

Several controversial decisions made by the Chinese courts have attempted to address a lacuna left by the 2012/2013 breakaway of the CIETAC Shanghai and Shenzhen sub-commissions. However, recent developments at CIETAC indicate that CIETAC is unlikely to give up the fight for jurisdiction over such claims quite yet. Read our 2013 ARBlog entry for the background on the breakaway sub-commissions here.  In essence, following a dispute with CIETAC Beijing, the CIETAC Shanghai and Shenzhen sub-commissions broke away and established themselves as independent arbitration institutions with their own sets of rules